Re: PHPNuke license
Don Armstrong <don@donarmstrong.com> wrote:
> [Just as a note, debian list policy is to _not_ Cc: individuals unless
> they explicitly ask for it, or set appropriate MFT:'s. I have done
> neither, so you need not Cc: me.]
>
> On Mon, 10 Mar 2003, David Turner wrote:
> >> Anthony is quite reasonable in presuming that the current
> >> interpretation of "Fair Use" applies to cases where there is no
> >> copying taking place.
> >
> > I think this is fundamentally unsound, given Texaco. I gave an actual
> > Fair Use analysis in another message.
>
> Fortunatly, AMERICAN GEOPHYSICAL UNION v. TEXACO INC., 60 F.3d 913
> (2nd Cir. 1994) is a rather narrow decision, and applies to a case
> where there actually was distribution (albiet internal) and where
> there was "institutional, systematic copying."[1]
>
> I'm still at a loss as to how you intend for the this decision to
> apply to the elimination of Fair Use rights of software. Furthermore,
> I'd hope that RMS and others would prefer that people be able to do
> with software as they wished in their own homes, so long as they
> didn't distribute it.
I've also read through the whole decision, and I can't see anywhere
that it talks about modifications not being fair use. It only talks
about copying. In fact, it seems to argue that if there had been
modifications (creating a transformative work) then there would be a
better defense against the copying.
Regards,
Walter Landry
wlandry@ucsd.edu
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